Governor HaslamTells Brain Injured Tennesseans Their Injuries are not Catastrophic and Tells Tennessee Voters They are Stupid and Must be Controlled from Nashville

Governor HaslamTells Brain Injured Tennesseans Their Injuries are not Catastrophic and Tells Tennessee Voters They are Stupid and Must be Controlled from Nashville

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Home > Legal Issues > Governor HaslamTells Brain Injured Tennesseans Their Injuries are not Catastrophic and Tells Tennessee Voters They are Stupid and Must be Controlled from NashvillePosted on June 19, 2011 by Morgan Adams

Governor Haslam has signed a law that states that non-economic damages should be capped in injury (tort) cases In Tennessee at $750,000 in most cases. Now in Tennessee juries are trusted to sentence a man to death, but apparently they are not trusted by the Governor to determine the proper amount of compensation for victims of someone else's wrongdoing in an injury case. There is not even a "three strikes and you're out" rule for really bad people and corporations that are repeat offenders!

Whether you agree or disagree with jury limits doesn't really matter, as the Tennessee Legislature and Governor Haslam can pass whatever legislation they want, and apparently they wanted to limit the amount of non-economic damages that can be received from someone injured by a wrongdoer. The new law is flawed in several aspects in my opinion.

First there is the hypocrisy in allowing "unlimited" damages against those that commit intentional acts. That sounds great but the Governor and legislators know that  NO INSURANCE POLICY IN TENNESSEE WILL PAY FOR AN INTENTIONAL ACT. It is EXCLUDED from the policy. Thus an an injured victim will likely get less money, not more, if you prove the defendant acted intentionally. It sounds good on a stump speech, but in reality this section of the law gives nothing and takes away everything form the injured. The Governor could have easily required insurance companies to cover these acts, but chose not to do so.

The second level of the legislature's and Governor's hypocrisy is that juror's WONT BE TOLD that there are limits in place. They believe that they helped someone, when in reality the government took it away and made them sweat out determining the amount of non-economic damages above $750,000 in the jury room for NO PURPOSE.

The final part of this tragedy is that the Governor will allow some catastrophically injured  Tennesseans to receive more than others. There is a special category for "catastrophic loss," which would raise the cap for non-economic damages in cases involving serious spinal cord injuries, severe burns, some severe multiple amputations, or the death of a parent of minor children. Now this new law excludes parents of adult special needs children, children taking care of the elderly (don't worry, they can go to a state run nursing home), victims with brain injuries, twenty year olds who have to wear diapers, or a bag, to catch excrement and waste fluids, chronic pain, etc...

Shouldn't we let a jury, on a case by case basis, decide if these cases are catastrophic after hearing the all facts? Shouldn't we let a jury decide that if you kill enough Tennesseans, you are going to get put out of business? Do parents taking care of special needs adult children, really deserve less than parents taking care of minor children? The Governor and legislature chose to take away these choices from the jury. Some Tennesseans are now more different than others and none of us are as special as corporations.

Many of my clients are brain injured, and catastrophically so, even if they are able to walk and talk. Their lives, as they knew them prior to the wreck, are over. In many case their personalities have changed. They died, but their life goes on. I find it arbitrary, and frankly an abuse of power, that the Governor has decided who can be catastrophically injured in advance of knowing all the facts. That Nashville knows better than a jury of 12 Tennesseans. I guess I trust the people of Tennessee more than those in office now. Voter's of Tennessee, your governor and your legislature just called you too stupid to do what is right in a jury box. (they also called the Judge, lawyers in the case, the Courts of Appeal and the Tennessee Supreme Court too stupid to get it as well, but hey, they were on a roll.) Voters you need to remember this come November.  


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Two Suffer Minor Injuries as Their Car Flips

Two Suffer Minor Injuries as Their Car Flips

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A couple received minor injuries when their car was hit at the intersection of Third Street and Simpson Ave. on September 5 in Ocean View. Robert and Roberta Henry’s Toyota Camry was hit by a Honda Accord driven by Joan Gillen. After being pushed a short distance, the car flipped and landed on its roof.

According to police, Robert Henry ran a stop sign at Simpson Avenue. Gillen then impacted the driver’s side door. After crawling to safety, the Henrys were treated at Shore Memorial Hospital for minor injuries. Gillen was uninjured.

In what could have been a tragic accident, we are deeply thankful that the Henrys’ injuries were only minor and that Ms. Gillen is injury-free.

Running a Stop Sign: A Simple Mistake?

Although the injuries were minor, the Henrys’ accident demonstrates the danger of running stop signs. What turned out to be a minor accident could have easily been a tragic one. In 1999 and 2000, according to the National Highway Traffic Safety Administration (NHTSA), 13,627 cars were involved in fatal accidents that resulted from a driver running a stop sign.

For some drivers, stop signs don’t seem to have the authority of traffic lights. They stand lower, and drivers can decide when to advance. They aren’t photo enforced. But they are the same as traffic lights in one very important way: by ignoring them, you could be killed – or you could kill someone else.

At Console & Hollawell, our NJ personal injury attorneys are familiar with the tragic results of the failure to take stop signs seriously. Running a stop sign is never a simple mistake, and it is often a deadly one.

Are you the Victim of a Failure to Stop Accident?

If someone ran stop sign and hit the vehicle you were driving or riding in, contact a NJ car accident lawyer at Console & Hollawell today. Whether the driver came to a “rolling stop” or simply ignored the sign, the driver must be held accountable for failing to stop completely.

For over 17 years, our NJ personal injury attorneys have helped accident victims recover damages for medical expenses, pain and suffering and property damage. If another driver’s actions have left you with injuries or property damage, speak with one of our NJ personal injury attorneys today.

Call Toll Free: (866) 858-8974


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Insurance companies and their physicians are once again!

Insurance companies and their physicians are once again!

I was there only a few follow up research on my last blog post, IMEs caution! Their time has come! And I stumbled across this gem of a case. Aetna decided, a woman disability claim to only a doctor, to refuse an IME that believe even the disease, which complains about you, did not exist! As on Earth expected that insurance company objectivity when they hire are invested docs, to deny deny deny? The short answer is not it. The plaintiff still no easy showed now in the event that she have to go to court, won. The decision to the summary judgment in Hoffpauir v. Aetna deny read.

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Red light cameras do their job in Texas: 25% fewer accidents

Red light cameras do their job in Texas: 25% fewer accidents

Created at: August 4, 2011 by Mark A. Anderson

We have written several times in the course of our law firm personal stance on red light cameras at Texas crossroads, but really, a new study proves what we all think together. In the first nationwide study of its kind of the Texas Transportation Institute a 25 percent drop in crashes at intersections with red light cameras found.

Critics of the cameras say they are an unfair way to the city for money earn and discount cameras accuracy; However, our Fort Worth car accident lawyers say numbers don't lie. Released the report Monday Dallas had a 38-percent drop in red light crashes at intersections where cameras to had been and run for two years and Fort Worth, Texas saw a 24 percent reduction in collisions which had installed cameras for a year.

Nothing is sure, perfect. These cameras can make mistakes, but you can always contest your red light camera violation. In our opinion all is accidents of deters staff-what red light violators from any cause a good thing. We are glad to see that this program is working and hoping to prevent the people from speeding by crosses if she should not continue.

Although cards handle traffic of the Anderson law firm has, we help you in other areas of law personal injury such as car accidents, truck wrecks and child injury cases.


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Wanted: Place to get drunk drivers in Texas their mug on billboards?

Wanted: Place to get drunk drivers in Texas their mug on billboards?

Created at: August 3, 2011 by Mark A. Anderson

We all know the PSA law enforcement agencies, "Drink, drive, go to jail" from Texas but for the people of San Antonio, it is not only prison time, you will receive. Digital billboards in the San Antonio area now have the names and photos of suspected drunken drivers who are looking for.

It is a new effort by the police and authorities in Bexar County, crime to get criminals and people wanted to attack or walk homicide charges such as intoxication. The program is sponsored by mothers against drunk driving and use of over a dozen electronic billboards has donated by clear channel outdoor were.

What would it take, to get these billboards in North Texas? I think this is a good idea, and not just because I work as a personal injury lawyer, the drunk driving accident treated cases. For me who should drive drunk and complete disrespect of the law publicly humiliated. Not only more would catch these criminals, but I think that it would discourage people who drive under the influence of alcohol. What to make whatever works on our roads safer is fine with me - and I never, however, really funny mug shot either.

What do you think? If you want to see these types of billboards in Fort Worth? Do you think it would help to make people of smarter driver?


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Woman who have abused legal system time to think about their crimes

Woman who have abused legal system time to think about their crimes

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Posted on 06 Okt 2009

Bitte denken Sie nicht immer, dass Sie erhalten Weg mit staging gefälschte Unfälle in Virginia. Zunächst die Insurace Unternehmen sind ziemlich smart und tun alles, was sie können, um legitimen Ansprüche zu verringern.

Aber einen Unfall fake?

Dann legte Ihre Kinder im Auto und sage ihnen, dass sie verletzt werden.

Es gibt einige echte schmierigen Zeichen in dieser Welt.

Diese Frau verbringen Jahre in Bundes-Gefängnis (irgendwo, offenbar, das sie bereits mit etwas vertraut ist.)

zurück zum Anfang


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The Virginia texting ban is really do their job?

The Virginia texting ban is really do their job?

If you in Virginia then life, you know that you are not allowed, send a text message while driving.  It is a statewide SMS ban in force, but do you know what?  The people are still texting and driving.  This may be why researchers on Highway loss data Institute (HLDI) found no reductions in crashes, setting the restrictions in place.

Are crashes up?

According to a press release from the HLDI titled «Texting bans don't reduce crashes;» Effects are increased light crash "have some States which have adopted bans actually seen an increase in the crashes." "It is an indication that even the risk of SMS for drivers could increase bans texting, continue to do despite the laws," said Adrian Lund, President of the HLDI and Insurance Institute for highway safety.

It is believed that drivers with SMS are still after the ban, try to hide their mobile phones. "This could exacerbate the risk of SMS by driver further eyes from the road and for a long period," said Lund.

Pack away the mobile phone

There is no question that SMS and take is dangerous and irresponsible.  Whenever you're behind the wheel, set your phone away.  This will help that temptation, a "quick" text message send or read messages sent to you to eliminate.  If you are the parent of a teen driver, encourage him or her to do the same. Through these measures, you can reduce the Virginia car accidents.

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Their beliefs about Virginia disability insurance could be wrong.

Their beliefs about Virginia disability insurance could be wrong.

If you have disability insurance through your employer, you probably know that you are in the event that you are working to injured or sick feel be covered.  This is what disability insurance for is not?

What happens, so many people is that if their coverage, disability use time surprised to discover, it is not so easy to use to draw.

Below is a list of common misconceptions about Virginia disability insurance claims.  These may be things you about your disability insurance coverage have believed.

A fair settlement receive offer by the insurance company, as long as you write you a letter and are reasonable with your request.Please fill out everything you need to do, is to get the benefits, insurance and put it in the Post.Sie disability not obtained, have problems even though you have been granted disability social security benefits.The insurer sent that you have a "Activity log" only because they are interested in what you do every day.If you go to court, bear witness to your doctors to convince, in your name and the judge that you are disabled.If your employer says the insurance company that you work are disabled, you will automatically receive benefits.
This list is from my book, sample rape without a gun.  Note for more information on it to order your copy.

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Their symptoms are not a joke, & could mean a failure diagnosis in Virginia

Their symptoms are not a joke, & could mean a failure diagnosis in Virginia

In today's society often we look at doctors as the epitome of medical knowledge and with the med school there with good reason, we keep be to a high standard. If we experience any kind of alarming symptoms, we advise with a medical professional to determine the cause and make an appropriate diagnosis expected.

Unfortunately, many doctors do not recognize symptoms for, what they really are, and let you often patients with a misdiagnosis or no Diagnostics on all
Send a patient at home with the mentality of "take 2 aspirin and call me in the morning" has too many wrongful deaths and Schwerverletzte medical due to misconduct.

Pressure, patients from the exam room have led many doctors, severe conditions such as heart attacks, to see contours and blood clots. Diagnose the error conditions in a timely manner is a major cause of wrongful death due to misconduct.

Doctors must be careful when evaluating the symptoms to ensure that they are not signs of serious illness, requires special treatment. Cancer is another frequently reported condition, which diagnose errors in a timely manner due to be treated.

Timely diagnosis and proper treatment of your disease is what we all have, by our medical professionals expect. Diagnose failure is unfortunately still common occurs. If injury occurs as a result, patients have the opportunity to a medical malpractice claim. Her Fairfax medical malpractice lawyer your greatest asset in your application medical malpractice can be, because in such cases without legal assistance prove extremely difficult submission.

Medical malpractice lawyer contact a Fairfax

You do not have to deal with insurance companies and hospitals alone, if you look, to a Virginia medical malpractice case file. Fairfax medical malpractice lawyer Ben glass fights to help pay their medical malpractice claims victims in Virginia and DC.

Before you go no further with your decision, you order a copy of my free guide to the Virginia medical malpractice claims, why most medical malpractice victims never a cent. To set up a free consultation, please contact me 703 591 9829.today-

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Their violation of the Virginia medical malpractice contributed? Does not return nothing except

Their violation of the Virginia medical malpractice contributed? Does not return nothing except

Guess what?  If your doctor negligent and caused damage was you, but somehow you contributed also your injury, you could restore a cent.  Virginia is one of the few States that follows is still the antiquated doctrine of contributory negligence. In fact, this law is centuries old.

Contributory negligence means that if were negligent or careless in any way, and it was a factor for your injury, you probably can get no compensation.  Your doctor might be 99% responsible for your painful injuries, but you would be 1 percent guilt, you will win your case.  It may be not fair, but it's the law.

The study of the comparative negligence is used in most other States and damage are based on the percentage of negligence.  For example, if the jury decides that you responsible were partially for your own injuries, would reduce your damages proportionately.

Although Virginia's contributory negligence is not ideal for plaintiff law, it will be most likely in the coming years. Virginia will therefore continue to recover one of the toughest States in the nation to damages in medical malpractice claims.

Order a copy of my book why the most medical errors never recover a cent victim for more information about Virginia medical malpractice lawsuits and why these cases are so hard to win.

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Virginia surgeons have to their patients to avoid mistakes, ID

Virginia surgeons have to their patients to avoid mistakes, ID

Just imagine you go to the hospital for removal of a cyst on the neck and wake up missing a kidney. Sounds like something out of a horror film, doesn't it? Unfortunately, this is a patient an actual type of surgical errors that can occur when not correctly identify the hospital staff before and during the operation.

There are many excuses making hospitals for wrong-patient surgery. Miscommunication is the chief culprit, because there are so many people in a single procedure. Nurses, surgeons, anaesthetists, pharmacists, and even the staff at reception are all involved in the proper identification of the patient.

Time is called sometimes known as a cause of surgical errors when running a procedure, on the wrong patient.
When surgical team crashed a patient in surgery are to receive, especially if the procedure is an emergency they often neglect to perform the proper security checks to identify the patient.

Another reason for patients false identification is given that mixed the same last name 2 patients and got have
. Hospitals identify every person with a wrist band, and it doesn't take long, with a chart to compare. Even with such defense is a form of negligence patients false identification.

Negligent nursing staff is the cause of almost all surgical errors.
You should go into surgery knowing that you a trusted, experienced medical staff watches over you during the procedure have. Surgical due to errors of negligence are the reasons for a Virginia medical malpractice claim which may be the only way the damage be restored can, which you see your op team negligence suffered.

Medical malpractice lawyer contact a Fairfax

You do not have to deal with insurance companies and hospitals alone, if you look, to a Virginia medical malpractice case file. Fairfax medical malpractice lawyer Ben glass fights to help pay their medical malpractice claims victims in Virginia and DC.

Before you go no further with your decision, you order a copy of my free guide to the Virginia medical malpractice claims, why most medical malpractice victims never a cent. To set up a free consultation, please contact me 703 591 9829.today-

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Virginia hurts victims even after their injury liability cap

Virginia hurts victims even after their injury liability cap

It is almost certain that, if say your Virginia medical malpractice settlement over the 2-million-dollar mark to include only your chickens still keep way achieved. It is rare to see, Virginia sued for more than $2 million in the because of the liability cap to protect of the doctors and hospitals from above that amount, a medical malpractice case.

After months, sometimes even years hear go through attempt, your medical malpractice case, finally close the jury verdict and settlement amount. Finally, you and your family breathe a sigh of relief, that your medical expenses is provided, and you have a secure financial cushion to help, take care of your future needs.

Think again.

The part of your settlement, which is for non-economic damages subject to the $2 million liability cap imposed by the State of Virginia
If you earn the jury believes more than $2 million for your pain and suffering, says the state otherwise. She inform the jury that tell you that your non-economic damages in the amount of $2.5 million are, but she will not let them give it you.

The final amount of State borders are reduced, and that's the. Suddenly have the resources you use, make your quality of life - by the medical issues that you have reduced experienced wrong - way would be better framed was, which considered the fair.

If you are considering a medical malpractice lawsuit, read to understand my article how liability caps you your settlement. can affect
the more you know better prepared the medical malpractice of the current laws, you can be your case for the settlement to see through.

Liability caps understanding is an action, in particular for medical malpractice file important, if you try. Virginia medical malpractice lawyer Ben glass has fought to help victims in the Virginia and D.C. for their medical malpractice claims. For more information contact us 703 591 9829.today-

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Governor Haslam tells brain injured people and parents of special needs children, their injuries are not disastrous

Governor Haslam tells brain injured people and parents of special needs children, their injuries are not disastrous

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Governor Haslam has proposed that non-economic damages should be capped in injury (tort) cases. In Tennessee juries are trusted to sentence a man to death, but apparently the Governor does not trust a jury, in injury cases, to determine the proper amount of compensation for victims of someone else’s wrongdoing. Did you get that? Governor Haslam is protecting the wrongdoers at the expense of their victims. This law does not apply to corporations, only to people like you and me. Corporations, who can only be injured economically, get every penny a jury finds owed to them, even if it is a lot.

Whether you agree or disagree with that doesn't really matter, as the Tennessee Legislature is controlled by Governor Haslam's party and they can pass whatever legislation they want. Apparently they want to limit the amount of non-economic damages that can be received from someone injured by a wrongdoer. 

So what does this mean? First, let’s talk about the wrongdoers. 

If you intentionally injure someone in the process of committing a crime (that doesn't constitute a felony) you don't have to pay as much. The Governor is going to protect you from a runaway Tennessee Jury!  The Governor is looking out for the rights of Mr. Wrongdoer and the victims' damages are going to be capped. (Lets be fair, the money coming to you as compensation for your actual damages will be limited or capped, there is still a chance to get punitive damages, but these are rarely awarded and, if they are awarded, are taxable. So the only full damages you get in these case are the ones in which the government gets a part.). A sexual abuse victim has personal problems? "Suck it up" says the Governor. The wrongdoer causes your child or spouse to be brain injured so that they can never interact socially with their class or peers? Move on says the Governor, “I need to protect these wrongdoers.” So that is the first part of the reform Governor Haslam feels compelled to pass on behalf of the wrongdoers in the state of Tennessee.

The second part of this tragedy is that the Governor will allow some catastrophically injured  Tennesseans to receive more than others. According to KnoxNews.com The administration late last week released changes to the bill that would create a special category for "catastrophic loss," which would raise the cap for non-economic damages in cases involving serious spinal cord injuries, severe burns or the death of a parent of minor children. Now these few categories excludes all brain injuries, apparently they are not catastrophic. Having to wear a urine drainage bag or diapers to catch your excrement and fluids as a twenty year old, chronic pain, etc... not catastrophic. Unable to ever have children because of someones wrongdoing? Not catastrophic. Does the Governor really believe he is all seeing and all knowing? Shouldn't we let a jury, on a case by case basis, decide this after hearing all the facts? I guess if you don’t trust the people of the state of Tennessee to do the right thing…

Now I have to admit many of my clients are brain injured, and catastrophically so even if they are able to walk and talk. Their lives, as they knew them prior to the wreck, are over. In many cases their personalities have changed and they are not the same spouse or parent they used to be. They get divorced and estranged from their kids. They have to move in with their children and need to be monitored. They essentially died, but their life goes on. 

This bill will impact many of my clients with brain injuries, and they will get less, and their families will get less. I find it arbitrary, and frankly an abuse of power, that the Governor has decided who can be classed as catastrophically injured in advance of knowing all the facts. I believe he should leave it up to a jury of 12 Tennesseans, hearing the facts of a case, to decide the issue.

Then their are the parents of special needs children. If you die it is not a catastrophic loss according to the Governor. Only if the children are minors can you get more, but still not the full amount of your damages. If you have adult special needs children? So sorry, you are out of luck. That is not catastrophic says the Governor. Take care of a parent that now needs to go into a nursing home? Not catastrophic says the Governor. It seems to me that if the legislature allowed catastrophic damages to any Tennessean that dies with a dependent it would be fairer (still limited in recovery, but at least not pitting one group against another and saying you don't deserve as much as others with dependents.).

Finally, no one, not even the judge, can tell members of the jury this travesty is happening. After the jury renders a fair verdict, the judge is required to cut it down and make it unfair to the victim. Note that if the original verdict was against the evidence, and unfair to the defendant, the law already requires the verdict to be reduced. This new law only impacts victims.

A copy of the Governor's shameful bill may be found here. You don’t think this is fair? Call your state representatives now (you can find your representatives here), but don’t expect them to change their minds, because you are just the sort of whacked out Tennessee citizen that might one day be on a jury... and the Governor doesn't trust you.

The Governor's proposed law, relevant sections in bold:

29-39-102.

(a) In any personal injury or wrongful death action, the prevailing

plaintiff may be awarded:

(1) Compensation for economic damages suffered by the

injured plaintiff; and

(2) Compensation for any noneconomic damages suffered

by each injured plaintiff not to exceed seven hundred fifty

thousand dollars ($750,000).

(b) If multiple defendants are found liable under the principle of

comparative fault, the amount of all noneconomic damages, not to

exceed seven hundred fifty thousand dollars ($750,000) for each injured

plaintiff, shall be apportioned among the defendants based upon the

percentage of fault for each defendant, so long as the plaintiff's

comparative fault is not equal to or greater than fifty percent (50%).

(c) All noneconomic damages awarded to each injured plaintiff,

including damages for pain and suffering, as well as any claims of a

spouse or children for loss of consortium or any derivative claim for

noneconomic damages, shall not exceed in the aggregate a total of seven

hundred fifty thousand dollars ($750,000).

(d) If an injury or loss is catastrophic in nature, as defined below,

the seven hundred fifty thousand dollar ($750,000) amount for

noneconomic damages, as set forth in subsections (a)(2) through (c) may

be increased to, but shall not exceed, one million two hundred fifty

thousand dollars ($1,250,000).

(e) "Catastrophic loss or injury" means one or more of the

following:

(1) Spinal cord injury resulting in paraplegia, hemiplegia or

quadriplegia;

(2) Amputation of two hands, two feet or one of each;

(3) Second or third degree burns over forty percent (40%)

or more of the body as a whole or third degree bums up to forty

percent (40%) percent or more of the face; or

(4) Death of a parent who is survived by one or more

minor children.

(f) The limitation on the amount of noneconomic damages

imposed by subsections (a)(2) through (e) shall not apply to actions

brought for damages or an injury resulting from an act or omission by a

defendant:

(1) If the defendant committed an act or omission that

would constitute a felony under the laws of this state or under

federal law and that act or omission caused the damages or

injuries; or

(2) If the defendant was under the influence of alcohol or

under the influence of drugs other than lawfully prescribed drugs

            administered in accordance with a prescription.


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Links in their body awarded $2.4 million to women for sponge

Links in their body awarded $2.4 million to women for sponge

A Broward County jury awarded more than $ 2.4 million to a first-class teachers, lawyers, said that permanently remained disabled after the doctors left a foot long sponge in her body. Karlene Chambers, Pembroke Pines, Caesarean section was for a routine procedure on Sept. 11, 2001, at the Memorial Hospital West planned.

A Broward County jury awarded more than $ 2.4 million to a first-class teachers, lawyers, said that permanently remained disabled after the doctors left a foot long sponge in her body. Karlene Chambers, Pembroke Pines, Caesarean section was for a routine procedure on Sept. 11, 2001, at the Memorial Hospital West planned. Almost another hospital was recorded and placed in intensive care two weeks after her surgery Chamber, after she had severe abdominal pain.A CAT scan revealed that the surgeon of the c-section, Dr. Joseph Becerra of Pembroke Pines OB/GYN Associates carried out had left a foot-long surgical sponge in chambers body.


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Governor HaslamTells brain injured people their injuries Tennessee not fateful and told voters they are stupid are and must be controlled from Nashville

Governor HaslamTells brain injured people their injuries Tennessee not fateful and told voters they are stupid are and must be controlled from Nashville

Home > legal > Governor HaslamTells brain injured people their injuries are not disastrous and tells Tennessee voters are stupid and need to be controlled from NashvillePosted on 19 June 2011 by Morgan Adams

Governor Haslam has signed a law that says that non-economic damages in injury (tort) in Tennessee at $750,000 in most cases should be limited. Now in Tennessee, juries are trusted so that you have a to condemn a man to death, but apparently they are not trusted by the Governor, other misconduct in the case of a breach to determine, the right amount of compensation for victims of someone. There is not even a "three strikes and you are out" rule for really bad people and companies, are the repeat offenders!

Whether you agree or disagree with jury borders doesn't really matter, such as the Tennessee legislature and Governor Haslam which legislation passed they want, and they can non-economic damages that injured can be received by someone from a wrongdoer apparently wanted the limit. The new law is flawed in some respects my opinion.

There is first the hypocrisy in so that the intentional acts to "unlimited" damages against those. The Governor and legislature sounds great, but, that number will pay insurance policy IN TENNESSEE for an intentional act. It is excluded from the directive. So a an injured victims probably receive less money no longer, if you prove the defendant willfully traded. It sounds good on a speech stump, but in reality in this section of the law, nothing is, and everything takes form the injured. The Governor could have easily need to cover these acts of insurance companies, but decided not to do.

The second level of the legislature and the Governor is hypocrisy, juror wont be said that there are limits. They believe that they helped someone, when in reality the Government took it on and they sweat made non-economic damages of 750,000 in the jury room of determining the amount no. purposes.

The last part of this tragedy is that the Governor more than others receive allows some catastrophically injured people. There is a special category for "catastrophic loss", which some serious cross-cutting problems, severe burns, the CAP for non-economic damages in cases where serious multiple amputations or the death of a parent of minor children would increase. Now, this new law includes the parents of adult special needs children, children takes care of older people (don't worry, they can go, perform a state nursing home), victims, chronic pain, etc. Hirnverletzte, twenty-year-old, the diapers or a bag to catch, faeces and waste wear...

Let should not we decide a jury, on a case by case basis, whether these cases are disastrous after hearing all the facts? Let should not we choose a jury, that when you kill enough people, you are out to get out of business? Parents have under the supervision of disabled adult children, really earn less than parents take care of minors? The Governor and the legislature chose to take these decisions of the jury. Some people are now more than any other different and company are none of us something special.

Many of my clients are injured, brain and disastrously so, even if they are able to walk and talk. Their lives, they are as in they knew to the wreck, over. In many cases, their personalities have changed. She died, but their life goes on. I think it is arbitrary, and honest said an abuse of power that the Governor has decided, in the run-up to know all the facts can be catastrophically injured. The Nashville knows better than a jury of 12 further. I guess I more than that in the hope the people of Tennessee now. Voter's Tennessee, just referred you to do your Governor and your legislature, what correctly in a jury box is stupid. (it is also as judges, lawyers in the case of the courts of appeal and the Tennessee Supreme Court too stupid, get it also, but hey, they have been on a roll.) Voters, they must come November.


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Their spouse: Other accident victims

Their spouse: Other accident victims

In a serious accident in Georgia, such as where a car collides with a pedestrian, the victim of a vehicle is not the only person who suffers a severe loss. Often, when the victim of an accident is suffering from severe physical or psychological trauma, can his/her spouse also suffered a profound loss.

Spouse a victims lose their companion of love, services, support and sexual affection.

Some people can find family by discussing the intimate relationship that is difficult to share them with their spouse. But just because intimacy in a relationship is estimated that the law for the compensation it can recognize its loss as a violation. If you the spouse of a victim and damage your favorite, you you the relationship has robbed, you once are shared with your spouse, you can claim for compensation for this loss. Montlick and Associates, attorneys at law, we have that already, suffering serious injuries and the families of those wrongful death in very Georgia more than 27 years suffer. We have seen the devastating toll that catastrophic injuries of a loved one can add a spouse and use our efforts to ensure that the value is submitted that this loss of an insurance company or a judge and jury.

Georgia recognizes law damages "Consortium." Loss of Consortium allows the spouse of a victim for damages in a personal injury or wrongful death lawsuit against the party responsible for the loss of the spouse, the company, affection and comfort as a whole, as well as an increase in the demands and pressures by the entire examination at the innocent spouse caused restore. The measure of damage is to compensate the spouse of the victim's accident is deprived of the intimacy and closeness, which share a few.

It can recover to considerable damage for loss of Consortium be difficult. The damages are based on more than embarrassment, humiliation or anxiety. There must be actual injuries suffered by a victim and the victim's spouse to their relationship. Juries tend to forgive not significant damages for loss of Consortium, if the damage to the marital relationship due to the seriousness and the extent of the injury is significant Georgia.

If your spouse in injured in a serious car accident in Georgia, slip and fall accident or by a dangerous drug or defective product, to give you a few examples should keep a journal documenting on a daily basis how your relationship is affected. Details of the impact on the emotional connection between you and your spouse, affect your sexual relationship and impact on the ability of your spouse the magazine should continue to offer participation in household tasks and the like. You can as an accident has affected your relationship with your spouse the other facts for your lawyer about the details, the better will the chance a jury significant loss of Consortium damages awarded provide.

If you love you or anyone, for a serious personal injury accident in Georgia has been damaged, you are entitled to compensation. Montlick and associates are trying to use endeavours, to all appropriate types of damage to you compensate for your loss including damages for loss of consortium are looking for. Our Georgia of injury lawyers have diligently severely injured law firm in Georgia which by the negligence of the other in very Georgia for over 25 years in the context of our continuing goal of the top personal injury already.

Montlick and Associates is available to customers in all Georgia and in the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all the smaller towns and rural areas in the State. No matter where you are our lawyers are only a phone call away, and we come to you. Call the week us 24 hours a day/7 days for your free consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us at www.montlick.com and use our free case evaluation form or 24-hour live online chat.


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The Virginia texting ban is really do their job?

The Virginia texting ban is really do their job?

If you in Virginia then life, you know that you are not allowed, send a text message while driving.  It is a statewide texting ban in place, but you know what?  People are still texting and driving.  This may be why researchers at the highway loss data Institute (HLDI) found no reductions in crashes after the bans in place have been set.

Are crashes up?

According to a press release from the HLDI entitled «Texting bans don't reduce crashes;» Effects are increased light crash, "actually some States which have adopted bans have seen an increase in the crashes." "It is an indication that even texting for driver could increase bans texting that continue to do despite the laws," said Adrian Lund, President of the HLDI and Insurance Institute for highway safety.

It will hide that drivers, even after the ban are the texting, try suspected, their mobile phones as you type. "This increase the risk of texting could by the drivers eyes from the road and for a long time," said Lund.

Pack away the mobile phone

There is no question, that texting and driving is dangerous and irresponsible.  Whenever you're behind the wheel, you put away your cell phone.  That will help, "quick" eliminate text message, the temptation to send or read messages sent to you.  If you are the parent of a teen driver, encourage him or her to do the same. These take action you can reduce the number of the Virginia car accidents.

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Their violation of the Virginia medical malpractice contributed? Does not return nothing except

Their violation of the Virginia medical malpractice contributed? Does not return nothing except

Guess what?  If your doctor negligent and caused damage, was you but somehow you wearing also your injury, you could restore a cent.  Virginia is one of the few States which is still the antiquated doctrine of contributory negligence. In fact, this law is centuries old.

Contributory negligence means that if you negligent or were negligent in some way and it was a factor for your injury, you can probably get no compensation.  Your doctor might be 99% responsible for your painful injuries, but you would be 1 percent guilt, you will win your case.  It may be not fair, but it's the law.

The study of the comparative negligence is used in most other States and damage are based on the percentage of negligence.  For example, if the jury decides that you responsible were partially for your own injuries, reducing your damages proportionately.

Although Virginia's contributory negligence not ideal for plaintiff is law, it will be most likely in the coming years. Demands will therefore continue to damages in medical malpractice Virginia one of the toughest States in the nation.

You order medical malpractice lawsuits and why these cases are so hard to win a copy of my book why the most medical errors never a victim recovery for more information about Virginia cents.

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Their symptoms are not a joke, & could mean a failure diagnosis in Virginia

Their symptoms are not a joke, & could mean a failure diagnosis in Virginia

In today's society often we look at doctors as the embodiment of medical knowledge, and it is with the med school, the it with good reason, that we to keep them to a high standard. If we experience any kind of alarming symptoms, we consult with a medical professional to determine the cause and make an appropriate diagnosis expected.

Unfortunately, many doctors do not recognize symptoms for what they really are, and let patients with a misdiagnosis or no diagnosis often at all.
Send to many wrongful deaths and medical serious injuries due to a missing a patient with the mentality has "take two aspirin and call me in the morning".

Pressure to patients in and out of the exam room led many doctors, severe conditions such as heart attacks, to see contours and blood clots. Diagnose the error conditions in a timely manner is one of the main causes for the wrongful death due to misconduct.

Doctors must take care when evaluating the symptoms to ensure that it requires no signs of serious illness, the special treatment. Cancer is a more frequently reported condition, diagnose errors in a timely manner due to one is treated.

Timely diagnosis and proper treatment of your disease is what we all come to expect from our medical professionals. Diagnose failure is unfortunately still common occurs. If injury occurs as a result, patients have the option to a medical malpractice claim. Her Fairfax medical malpractice lawyer can be your greatest asset in filing your claim of malpractice, because such cases without legal assistance prove extremely difficult.

Contacting a Fairfax medical malpractice lawyer

You do not have case, with insurance companies and hospitals alone, if you are looking to a Virginia medical malpractice file. Fairfax medical malpractice lawyer Ben glass fights, to pay their medical malpractice claims areas to help victims in Virginia and DC.

Before you go no further with your decision, you order a copy of my free guide to the Virginia medical malpractice claims, why most of the victims never again a medical malpractice cents. To set up a free consultation, please contact me 703-591-9829.today-

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Their beliefs about Virginia disability insurance might be wrong

Their beliefs about Virginia disability insurance might be wrong

If you have disability insurance through your employer, you probably know that you are you in the case with injured or ill activities feel are covered.  This is what disability insurance for is not?

What happens, is so many people, that if it use surprised to discover, to their disability coverage that it's not as easy to use to draw.

Below is a list of common misconceptions about Virginia disability insurance claims.  These may be things that you have your insurance disability coverage have believed.

A fair settlement received offer from the insurance company, as long as you write you a letter and are reasonable with your request.All you have to do is to obtain benefits fill out the insurance and put it in the Mail.Sie disability not obtained, have problems even though you disability have been awarded the social security benefits.The insurer sent that you have a "Activity log" only because they are interested in what you do every day.If you go to court, your doctors will testify on your behalf and the judge to convince, that you are disabled.If your employer says the insurance company that you work are disabled, you will automatically receive benefits.
This list is from my book, sample rape without a gun.  Note for more information on it to order your copy.

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